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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. A. On June 23, 2004, the Plaintiff’s wife C and the Defendant Nonghyup Bank Co., Ltd. (hereinafter, Defendant Bank) drafted an agreement to obtain a loan from Defendant Bank (hereinafter, the instant agreement). The loan column of the instant agreement is written as follows: “The KRW 1,00,000,000 (hereinafter, the instant loan”).”
In order to secure the debt of the instant loan, on June 23, 2004, the registration of the creation of a mortgage over the land of D and two parcels (hereinafter referred to as the “each land of this case”) in the name of Jincheon-gun, Jincheon-gun, the name of Jincheon-gun on June 23, 2004 was completed in the future of Defendant bank.
B. When the loan of this case was deposited in the passbook opened by C on June 23, 2004, 58,224,248 won (235,064,159 won among them) was transferred by the Plaintiff’s request for withdrawal prepared by C on the same day, and 30,700,000 won was additionally transferred by the request for withdrawal signed by C on July 8, 2004.
C. After purchasing each of the instant lands from C on November 27, 2006 and completing the registration of ownership transfer on November 28, 2006, the Fisheries Co., Ltd. repaid the instant loans, and cancelled the registration of establishment of the above neighboring bank in the name of the Defendant bank established on each of the instant lands on April 30, 207.
【Ground for recognition】 The fact that there is no dispute, Gap 1, 2, 3, Gap 4-1 to 4, Gap 5, Gap 6-1, 2, 3, Eul 9, Eul 1, and the purport of the whole pleadings
2. Main claim;
A. The Plaintiff’s assertion 1 for tort committed by the Plaintiff: (a) believed Defendant B’s horse to receive a loan at an interest rate lower than that of the Cheongsaup Loan; and (b) knew that the amount equivalent to the amount of the Cheongsup Loan was loaned with Defendant C and Defendant B, the Plaintiff signed and sealed the instant agreement; and (c) delegated Defendant B with the disposal of the loan.
However, the plaintiff's delegations.